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How Do Contingency Fees Work in Wisconsin Personal Injury Cases – do I Really Owe Nothing If We Lose?

If you’ve been injured and are thinking about hiring a lawyer, one of your biggest concerns is probably cost. You may have heard that personal injury attorneys work on a contingency fee basis, but what does that mean? Is it true that you owe nothing if your case doesn’t succeed?

Let’s walk through it in plain terms.

What Is a Contingency Fee?

A contingency fee means your attorney’s payment is “contingent” on winning your case. Instead of paying hourly or upfront, your lawyer receives a percentage of the settlement or verdict, but only if the result is favorable (i.e. if you win). 

In Wisconsin personal injury cases, contingency fees are governed by Wisconsin Supreme Court Rule 20:1.5, which requires that fees be reasonable and clearly explained in a written agreement.

Typical Fee Structure

While every firm is different, contingency fees often look like:

  • One-third (33.3%)
  • 40% or more if the case is complicated or proceeds to an appeal

Your fee agreement should spell this out clearly before you hire the attorney.

So… Do You Really Owe Nothing If You Lose?

At our firm, we do not charge any costs or fees to our contingency fee clients in the event of a loss at trial.  This is the risk we accept when we take cases on a contingency fee. 

However, there are some situations when the other side may attempt to be reimbursed by you for some of their costs in the event you take your case to trial and lose.  The law in this area is complex, and will need to be discussed with your attorney when you are deciding whether to go to trial. 

Why Contingency Fees Exist

Contingency fees are designed to make legal representation accessible.

Without them, many injured people wouldn’t be able to afford a lawyer—especially while dealing with:

  • Medical bills
  • Lost income
  • Ongoing treatment

They also align your attorney’s interests with yours: your lawyer only gets paid if you do.

What Should You Ask Before Hiring a Lawyer?

Before signing a fee agreement, make sure you understand:

  • What percentage will be taken, and when it increases
  • Who pays case costs if the case is lost
  • How liens and medical bills will be handled

The Bottom Line

In most Wisconsin personal injury cases, a contingency fee means you won’t owe attorney’s fees if you lose.

A reputable personal injury attorney, like those at Doar, Drill & Skow, will be transparent about fees, costs, and expectations, so you can move forward with confidence and focus on your recovery.

Give us a call for a free personal injury consultation.

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